engineering council, sri lanka act, no. 4 of 2017 · engineering council, sri lanka 1 act, no. 4 of...

PARLIAMENT OF THE DEMOCRATICSOCIALIST REPUBLIC OF

SRI LANKA

ENGINEERING COUNCIL, SRI LANKAACT, No. 4 OF 2017

Printed on the Order of Government

[Certified on 9th March, 2017]

PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING, SRI LANKA

TO BE PURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU, COLOMBO 5

Price : Rs. 20.00 Postage : Rs. 10.00

Published as a Supplement to Part II of the Gazette of the DemocraticSocialist Republic of Sri Lanka of March 10, 2017

1Engineering Council, Sri LankaAct, No. 4 of 2017

[Certified on 9th March, 2017]

L.D.—O. 35/2011

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE ENGINEERING

COUNCIL, SRI LANKA WHICH SHALL BE RESPONSIBLE FOR THE

MAINTENANCE OF PROFESSIONAL STANDARDS AND CONDUCT OF

ENGINEERING PRACTITIONERS; REGISTRATION OF DIFFERENT CATEGORIES

OF ENGINEERING PRACTITIONERS; AND TO PROVIDE FOR MATTERS

CONNECTED THEREWITH OR INCIDENTAL THERETO.

BE it enacted by the Parliament of the Democratic SocialistRepublic of Sri Lanka as follows:-

1. This Act may be cited as the Engineering Council,Sri Lanka Act, No. 4 of 2017.

PART I

ESTABLISHMENT OF THE ENGINEERING COUNCIL, SRI LANKA

2. (1) There shall be established a Council which shallbe known as the Engineering Council, Sri Lanka (hereinafterreferred to as the “Council”).

(2) The Council shall by the name assigned to it bysubsection (1) be a body corporate and shall have a perpetualsuccession and a common seal and may sue and be sued inthat name.

3. The Council shall consist of the following:-

(a) four ex-officio members, namely-

(i) three Deans of the Faculties of Engineeringor their representatives not below the rankof a Professor, nominated by eachUniversity and appointed by theUniversity Grants Commission establishedunder the Universities Act, No. 16 of 1978;

Short title.

Establishment ofthe EngineeringCouncil,Sri Lanka.

Constitution ofthe Council.

Engineering Council, Sri LankaAct, No. 4 of 2017

2

(ii) Director - General of Tertiary andVocational Education Commissionestablished under the Tertiary andVocational Education Commission Act,No. 20 of 1990 or his representative;

(b) thirteen members appointed by the Minister(hereinafter referred to as the “appointedmembers”) in following manner:-

(i) seven Chartered Engineers representingdifferent engineering disciplines inrotation for every two years, nominatedby the Institution of Engineers, Sri Lankaestablished by the Institution of Engineers,Sri Lanka Act, No. 17 of 1968;

(ii) four members representing differentengineering disciplines in rotation forevery two years, nominated by theInstitution of Incorporated Engineers ofSri Lanka established by the Institutionof Incorporated Engineers of Sri Lanka(Incorporation) Act, No. 64 of 1992;

(iii) one Chartered Engineer nominated by theSri Lanka Engineering Service; and

(iv) one representative from the EngineeringTechnicians nominated by the Tertiary andVocational Education Commissionestablished under the Tertiary andVocational Education Act, No. 20 of 1990.

4. (1) The Minister shall appoint one of the CharteredEngineers from among the appointed members to be theChairman of the Council.

(2) The Chairman shall not engage in any paidemployment outside the duties of his office, without theapproval of the Minister.

Chairman of theCouncil.


(3) The Chairman may resign from the office of Chairmanby letter addressed to the Minister and such resignation shallbe effective from the date on which it is accepted by theMinister.

(4) The Minister may for reasons assigned remove theChairman from the office of Chairman.

(5) Subject to the provisions of subsections (3) and (4)the term of office of the Chairman shall be the period of hismembership of the Council.

(6) Where the Chairman is temporarily unable to performthe duties of the office due to ill health, other infirmity,absence from Sri Lanka or any other cause, the Minister mayappoint any other Chartered Engineer from among theappointed members to act as the Chairman in addition to hisnormal duties as an appointed member.

5. (1) The Minister shall, prior to appointing a personas a member of the Council , satisfy himself that such personhas no financial or other interest in the affairs of Council, asis likely to affect prejudicially, the discharging of hisfunctions as a member of the Council.

(2) The Minister shall also satisfy himself, from time totime, that no member of the Council has since beingappointed acquired any such interest.

(3) (a) a member of the Council who is in anyway,directly or indirectly, interested in any contractmade or proposed to be made by the Councilshall disclose the nature of his interest at a meetingof the Council; and

(b) such disclosure shall be recorded in the minutesof the Council and the member shall notparticipate in any deliberation or decision of theCouncil with regard to that contract.

(4) For the purposes of this section “a member of theCouncil” includes the Chairman, an appointed member andan Ex-officio member.

Financial interestof the members.


4

6. A person shall be disqualified from being appointedor continuing as a member of the Council, if such person–

(a) is or becomes a Member of Parliament, anyProvincial Council or of any Local Authority;

(b) is not, or ceases to be, a citizen of Sri Lanka;

(c) directly or indirectly holds or enjoys any right orbenefit under any contract made by or on behalf ofthe Council;

(d) has any financial or other interest as is likely toaffect prejudicially the discharge by him of hisfunctions as a member of the Council;

(e) absents himself from three consecutive meetings ofthe Council without obtaining prior approval fromthe Council;

(f) is under any law in force in Sri Lanka or any othercountry, found or declared to be of unsound mind;

(g) is a person who having been declared as insolventor bankrupt under any law in force in Sri Lanka orin any other country, is an undischarged insolventor bankrupt; or

(h) is serving or has served a sentence of imprisonmentimposed by any court in Sri Lanka or any othercountry.

7. Every ex-officio member of the Council shall holdoffice as long as such officer holds office by virtue of whichsuch officer has been appointed to the Council.

8. (1) Every appointed member of the Council shall,unless he vacates office earlier by death, resignation, orremoval, hold office for a period of two years, and shall beeligible for re-appointment, unless removed on disciplinarygrounds.

Disqualificationsto be a member.

Ex-officiomembers.

Provisionsrelating toappointedmembers.


(2) The Minister may for reasons assigned remove anyappointed member from office.

(3) Any appointed member may resign from office at anytime by letter addressed in that behalf to the Minister andsuch resignation shall take effect upon it being accepted bythe Minister.

(4) (a) In the event of the death, resignation or removalfrom office of any appointed member, the Minister mayhaving regard to the provisions of this Act in relation to theappointment of that particular appointed member, appointanother person to act in his place.

(b) The Minister shall appoint a member for the purposesof paragraph (a) within one month occurrence of the vacancy.

(c) The member appointed under paragraph (a) shall holdoffice for the unexpired period of the term of office of themember whom he succeeds.

(5) Where any appointed member is temporarily unableto perform the duties of the office due to ill health or absencefrom Sri Lanka or for any other reason, the Minister mayhaving regard to the provisions of section 3(b) appointanother person to act in his place.

(6) Subject to the preceding provisions an appointedmember may continue to hold office, after lapse of the periodof two years referred to in subsection (1), until he isreappointed or a new member is appointed by the Minister.

9. (1) The Chairman shall preside at every meeting ofthe Council. Where the Chairman is absent, the memberspresent shall elect a Chairman for that meeting from amongthemselves.

(2) (a) All matters for decision by the Council shall bedealt with at a meeting of the Council and shall be determinedby the majority of the members present and voting.

Meetings of theCouncil.


6

(b) In the event of an equality of votes on any questionconsidered at a meeting the Chairman of that meeting shallhave a casting vote in addition to his original vote.

(c) All decisions of the Council supported by reasons,shall be in writing and the seal of the Council affixed thereto.

(3) Any member of the Council may by written notice,request the Chairman to call a meeting and the Chairmanshall not otherwise than for reasons assigned refuse to do so.

(4) No act, decision or proceeding of the Council, shallbe deemed to be invalidated by reason only of the existenceof any vacancy of the Council or any defect in theappointment of any member thereof.

(5) The quorum for any meeting of the Council shall benine members.

(6) Subject to the preceding provisions of this section,the Council may regulate the procedure in regard to themeetings of the Council and the transaction of business atsuch meeting.

10. (1) The seal of the Council shall be as determinedby the Council.

(2) The seal of the Council –

(a) may be altered in such manner as may bedetermined by the Council;

(b) shall be in the custody of such person or personsas the Council may, determine;

(c) shall not be affixed to any instrument ordocument without the sanction of the Counciland except in the presence of two members ofthe Council, both of whom shall sign theinstrument or document in token of theirpresence.

The Seal.


(3) The Council shall maintain a register of documents towhich the seal of the Council has been affixed.

11. The members of the Council may be paid suchremuneration for attendance at meetings of the Council, asmay be determined by the Minister with the concurrence ofthe Minister assigned the subject of Finance.

PART II

POWERS AND FUNCTIONS OF THE COUNCIL

12. The Council shall be charged with the function ofregistering engineering practitioners holding suchqualifications as set out in the Schedule A hereto, and also-

(a) accept, approve or reject any application submittedfor registration under this Act;

(b) cancel any registration granted by the Council;

(c) keep, maintain and publish from time to time thelist of the engineering practitioners registered underthis Act;

(d) hold inquires on any matter relating to theprofessional misconduct of the engineeringpractitioners;

(e) determine the remuneration payable to the staff ofthe Council; and

(f) make representations to the Government andrelevant bodies on matters relating the practice ofengineering profession in Sri Lanka.

13. The Council shall have the power to–

(a) acquire, hold, take or give on lease or hire,mortgage, pledge, sell or otherwise dispose of,any movable or immovable property;

Remunerationfor attendingmeetings of theCouncil.

Functions of theCouncil.

Powers of theCouncil.


8

(b) borrow, with or without security, moneys, onsuch terms and conditions as may be imposedin that behalf, by the Minister to whom thesubject of Finance has been assigned for thepurpose of discharging the functions of theCouncil;

(c) accept gifts, grants or donations, whether in cashor otherwise, except and to apply them fordischarging its functions;

(d) determine the fees payable in respect ofregistration by rules made in that behalf;

(e) determine the terms and conditions ofregistration of engineering practitioners;

(f) determine the form and manner of issuing ofcertificate of registration, by rules made in thatbehalf;

(g) maintain registers of the engineeringpractitioners;

(h) prepare a Code of Professional Conduct for theengineering practitioners;

(i) determine the procedure for the purpose ofcarrying out disciplinary inquiries in respect ofprofessional misconduct of the engineeringpractitioners; and

(j) appoint, employ, transfer, dismiss and exercisedisciplinary control against officers andemployees of the Council and to prescribetheir terms and conditions of services.

PART III

REGISTRATION AS ENGINEERING PRACTITIONERS

14. (1) No engineering practitioner shall engage in thepractice of engineering profession unless such engineeringpractitioner is registered under section 15 or 18:

Engineeringpractitioners toregister underthis Act.


Provided however, that any engineering practitionerwho is engaged in the practice of engineering profession onthe date of commencement of this Act shall, within sixmonths from the date of commencement of this Act, registerhimself under section 15.

(2) Any engineering practitioner who contravenes theprovisions of subsection (1) commits an offence.

15. (1) Any engineering practitioner who satisfies therespective qualifications and experience specified in theSchedule A hereto, may apply to be registered as anengineering practitioner, in such form and manner as theCouncil may determine by rules made in that behalf.

(2) Any engineering practitioner who has duly appliedunder subsection (1), shall be registered on the payment ofthe fee determined by the Council by rules made in thatbehalf.

(3) The Council shall not register any person as anengineering practitioner, other than EngineeringTechnicians, unless the application for registration has beenauthorized by the relevant professional body to which suchperson belongs.

16. (1) The Council shall cancel the registration of anengineering practitioner, if the Council is satisfied that suchengineering practitioner-

(a) has contravened any of the provisions of this Act orany regulation made thereunder or any term andcondition of such registration;

(b) has been adjudged by a competent court whetherin or outside Sri Lanka to be of unsound mind;

(c) has been found guilty of professional misconductafter an inquiry held by the Council; or

(d) has been convicted for an offence under this Act.

(2) Where by reasons of the provisions of subsection (1)the Council is empowered to cancel the registration of an

Application forregistration as anengineeringpractitioner.

Cancellation orsuspension ofregistration.


10

engineering practitioner, the Council may, in lieu ofexercising that power, suspend the registration for suchperiod as the Council may deem fit.

(3) The Council shall, before cancelling or suspending aregistration, cause a notice of cancellation or suspension tobe issued to such engineering practitioner.

(4) Any such notice shall specify the grounds on whichthe Council’s opinion is based, and shall indicate that suchengineering practitioner may within one month after thereceipt thereof submit to the Council in writing any reasonas to why the registration shall not be cancelled orsuspended.

(5) Where such engineering practitioner fails to submitthe reasons within the time stipulated thereof or afterconsideration of any reason submitted, the Council maysuspend or cancel the registration of such engineeringpractitioner and inform such person in writing about suchsuspension or cancellation.

(6) The Minister shall prescribe by regulations the acts oromissions which amount to professional misconduct.

17. (1) Every engineering practitioner who is registeredunder section 15, shall have the right to use, if he is–

(a) a Chartered Engineer, the abbreviated designation“CEng”;

(b) an Associate Engineer, the abbreviated designation“AEng”;

(c) an Affiliate Engineer, the abbreviated designation“AflEng”;

(d) an Incorporated Engineer, the abbreviateddesignation “IEng”;

(e) an Engineering Diplomate, the abbreviateddesignation “EngDip”;

Use ofabbreviateddesignations.


(f) an Engineering Technician, the abbreviateddesignation “EngTec”.

(2) No engineering practitioner shall use any abbreviateddesignation referred to in subsection (1) unless suchengineering practitioner is registered in that category.

18. (1) Notwithstanding anything to the contrary in anyother provisions of this Act, a foreign engineeringpractitioner shall apply for temporary registration if hesatisfies the Council that he possesses the prescribedqualifications and expertise and of his physical presence inSri Lanka, or that he is a resident representative of the foreigncomponent of a joint venture programme implemented inSri Lanka.

(2) The Council may subject to the conditions imposedby the Council, upon payment of a prescribed fee issue atemporary registration to a foreign engineering practitionerfor a period of four months. Such registration shall berenewed at the end of that period on application made inthat behalf.

PART IV

APPEALS

19. (1) Any engineering practitioner whose registrationhas been refused by the Council or whose registration hasbeen cancelled or suspended under section 16(5) by theCouncil, may within thirty days of being notified of suchdecision, appeal to the Appeals Board established undersection 20.

(2) The Appeals Board may, after taking intoconsideration all the relevant factors and where it isappropriate and reasonable-

(a) allow or vary the appeal; or

(b) disallow the appeal.

Registration offoreignengineers.

Appeals.


12

20. (1) (a) The Minister shall appoint an Appeals Boardwhich shall consist of -

(i) one member who shall be a Chartered Engineernominated by the University Grants Commission;

(ii) two other Chartered Engineers; and

(iii) two Incorporated Engineers.

(b) The Minister when appointing the Appeals Board mayconsult the Council.

(2) The members of the Appeals Board shall hold officefor a term of three years from the date of appointment andshall be eligible for reappointment.

(3) The Minister may make regulations specifying themanner in which the meetings and business of the AppealsBoard shall be carried out.

(4) The Appeals Board shall inform its decision to theCouncil.

(5) Upon receiving the decision of the Appeals Board,the Council shall inform the appellant the decision of theAppeals Board forthwith and act in accordance with thedecision of the Appeals Board.

(6) The members of the Appeals Board may be paid suchremuneration out of the Fund of the Council with theconcurrence of the Minister assigned of the subject ofFinance.

PART V

APPOINTMENT OF THE CHIEF EXECUTIVE OFFICER AND STAFF OF

THE COUNCIL

21. (1) The Council may in consultation with theMinister appoint to the Staff of the Council a ChiefExecutive Officer (hereinafter referred to as the “ChiefExecutive Officer”) from among persons who hold a degreefrom a recognized University in Engineering, BusinessAdministration, Management or any other related discipline.

Appeals Board.

Appointment ofthe ChiefExecutiveOfficer of theCouncil.


13

(2) The Chief Executive Officer shall, unless he vacatesoffice earlier by death, resignation or removal, hold officefor a period of three years, and shall be eligible for re-appointment, unless removed on disciplinary grounds.

(3) The Chief Executive Officer shall subject to thegeneral directions and supervision of the Council -

(a) be charged with the administration of the affairs ofthe Council including the administration andcontrol of the staff;

(b) be responsible for the execution of all decisions ofthe Council; and

(c) carry out all such functions as may be assigned tohim by the Council.

(4) The Chief Executive Officer shall be entitled to bepresent and speak at any meetings of the Council, but shallnot to be entitled to vote at such meetings.

(5) The Chief Executive Officer may with the writtenapproval of the Council, delegate in writing to any officer ofthe Council, any of his powers or functions and the officerto whom any such power or function is delegated shallexercise or perform them subject to the directions of theChief Executive Officer.

(6) The Council may remove the Chief Executive Officerfrom office –

(a) if he becomes permanently incapable of performinghis duties;

(b) if he has done any act which, in the opinion of theCouncil, is of a fraudulent or illegal character or isprejudicial to the interests of the Council; or

14 Engineering Council, Sri LankaAct, No. 4 of 2017

(c) has failed to comply with any directions issued bythe Council.

(7) The office of the Chief Executive Officer shall becomevacant upon the death, removal from office under subsection(6) or resignation by letter in that behalf addressed to theCouncil.

(8) If any vacancy occurs in the office of the ChiefExecutive Officer, the Minister may appoint a member ofthe Council to perform the duties of the Chief ExecutiveOfficer until an appointment is made under subsection (1).

22. (1) The Council may appoint such officers andemployees as may be necessary for the efficient discharge ofits functions.

(2) The Council may, in respect of the officers andemployees appointed to the Council under subsection (1) –

(a) exercise disciplinary control over or dismiss suchofficers and employees;

(b) fix the rates at which such officers and employeesshall be remunerated in keeping with relatedguidelines of the Government;

(c) determine the terms and conditions of employmentof such officers and employees; and

(d) establish a staff welfare and social security schemesfor the benefit of such officers and employees andmake contribution to any such schemes.

(3) The Council may make rules in respect of all or any ofthe matters referred to in subsection (2).

(4) The Council shall not however appoint any personwho has been dismissed from any previous position held bysuch person in the public or private sector as an officer or anemployee of the Council.

Staff of theCouncil.


15

23. (1) At the request of the Council any officer in thepublic service may, with the consent of that officer and theSecretary to the Ministry under which that officer isemployed, and the Secretary to the Ministry of the Ministerassigned the subject of Public Administration, be temporarilyappointed to the staff of the Council for such period as maybe determined by the Council or with like consent, bepermanently appointed to such staff.

(2) Where any officer in the public service is temporarilyappointed to the staff of the Council, the provisions ofsection 14(2) of the National Transport Commission Act,No.37 of 1991 shall, mutatis mutandis, apply to and inrelation to such officer.

(3) Where any officer in the public service is permanentlyappointed to the staff of the Council, the provisions ofsection 14(3) of the National Transport Commission Act,No.37 of 1991 shall, mutatis mutandis, apply to and inrelation to such officer.

(4) Where the Council employs any person who hasentered into a contract with the Government by which hehas agreed to serve the Government for a specified period,any period of service with the Council by that person shallbe regarded as service to the Government for the purpose ofdischarging the obligations of such contract.

24. (1) The Council shall appoint one of the CharteredEngineers as the Registrar, who shall be the Secretary of theCouncil.

(2) The Registrar appointed under this section shall notbe a member of the Council.

25. The Registrar shall, in accordance with theprovisions of this Act and regulations made thereundermaintain the registers of the engineering practitionerssubstantially in the Form specified in the Schedule B hereto.

Public officersto be appointedt othe Staff of theCouncil.

Registrar.

Registers to bekept byRegistrar.


PART VI

FINANCE

26. (1) The Council shall have its own fund.

(2) There shall be credited to the Fund of the Council–

(a) all such sums of money as may be voted fromtime to time by Parliament for the use of theCouncil;

(b) all such sums of money as are received by theCouncil in the exercise and discharge of itspowers and functions under this Act; and

(c) all such sums of money as are received by theCouncil as loans, grants and donations fromsources within or outside Sri Lanka.

(3) There shall be paid out of the Fund of the Council allsuch sums of money required to defray the expenditureincurred by the Council in the exercise and performance ofits powers and functions under this Act.

27. The Council may open and maintain any accountwith any State Bank as it may think appropriate, and suchaccount shall be operated in accordance with prevailingfinancial regulations of the Government pertaining tofinancial transactions of public corporations.

28. (1) The financial year of the Council shall be thecalendar year.

(2) The Council shall cause proper books of accounts tobe kept of the income and expenditure assets and liabilitiesand all other financial transactions of the Council.

(3) For the purpose of presenting a true and fair view ofthe financial performance and financial condition of the

Fund of theCouncil.

Council tomaintainaccounts.

Financial yearand audit ofaccounts.


17

Council, the Council shall prepare the accounts inaccordance with the Sri Lanka Accounting Standardsadopted by the Institute of Chartered Accountants of SriLanka under the Sri Lanka Accounting and AuditingStandards Act, No. 15 of 1995.

(4) The provisions of Article 154 of the Constitutionrelating to the audit of accounts of public corporations shallapply to the audit of the accounts of the Council.

29. Moneys belonging to the Council may, with theapproval of the Minister and with the concurrence of theMinister assigned the subject of Finance, be invested inGovernment approved securities.

30. (1) The Council may, with the written consent ofthe Minister and the Minister assigned the subject of Financeand in accordance with the terms of any general authoritygiven, borrow or obtain on credit terms such sums as theCouncil may require for meeting the obligations of theCouncil.

(2) The aggregate of the amount outstanding in respectof any loan raised by the Council under this section shallnot at any time exceed such amount as may be determinedby the Minister.

PART VII

GENERAL

31. (1) The Council shall within six months of the endof each financial year, submit to the Minister an annualreport of the activities carried on by the Council during thatfinancial year, and cause a copy each of the followingdocuments relating to that year to be attached to the report–

(a) the audited Accounts of the Council for the yearalong with the Auditor-General’s report;

Investment offunds.

Borrowingpowers of theCouncil.

Annual Report.


(b) a report of proposed activities for the yearimmediately following, the year to which suchreport and accounts relates.

(2) The Minister shall lay copies of the report anddocuments submitted under subsection (1) before Parliamentwithin six months from the date of receipt of such report.

32. Every member of the Council and all officers andemployees of the Council shall, before entering upon hisduties, sign a declaration pledging to observe strict secrecyin respect of all matters connected with the affairs of theCouncil, which has come to his knowledge in theperformance or exercise of his powers and functions underthis Act and shall by such declaration pledge himself not todisclose any such matter, except –

(a) when required to do so by a court of law; or

(b) for the purpose of exercising or performing thepowers and functions under this Act or any otherwritten law.

33. (1) The Council may in writing and subject to suchconditions as may be specified therein, delegate to the ChiefExecutive Officer or any officer of the Council any of itspowers or functions and any such officer shall exercise orperform such power or function in the name and on behalf,of the Council.

(2) The Council may, notwithstanding any delegationmade under subsection (1), by itself exercise or perform anypower or function so delegated and may at any time revokeany such delegation.

34. (1) The Minister may from time to time, issue to theCouncil such general or special directions in writing as tothe exercise, and performance of its powers and functionsand it shall be the duty of the Council to give effect to suchdirections.

Declaration ofsecrecy.

Delegation ofpowers of theCouncil.

Directions bythe Minister.


19

(2) The Minister may direct the Council to furnish to himin such form as he may require, returns, accounts and anyother information relating to the work of the Council, and itshall be the duty of the Council to give effect to suchdirections.

35. The Chief Executive Officer and the officers andemployees of the Council shall be deemed to be publicofficers within the meaning of and for the purposes of thePenal Code.

36. The Council shall be deemed to be a ScheduledInstitution within the meaning and for the purposes of theBribery Act and the provisions of that Act shall be construedaccordingly.

37. (1) Any expense incurred by the Council in anysuit or prosecution brought by or against it before any court,shall be paid out of the Fund of the Council and any costspaid to or recovered by the Council in any such suit orprosecution shall be credited to the Fund of the Council.

(2) Expenses incurred by any member, the ChiefExecutive Officer or any officer or employee of the Councilin any suit or prosecution brought against such person beforeany court or tribunal in respect of any act which is done orpurported to be done by such person under the provisionsof this Act or any other written law or on the direction of theCouncil shall, if the court holds that such act was done ingood faith, be paid out of the Fund of the Council, unlesssuch expenses are recoverable by such person in such suitor prosecution.

38. (1) The Minister may make regulations in respect ofall matters required by this Act to be prescribed or in respectof which regulations are authorized by this Act to be made.

(2) Every regulation made by the Minister shall bepublished in the Gazette and shall come into operation onthe date of such publication, or on such later date as may bespecified in the regulations.

Officers andemployees ofthe Councildeemed to bepublic officers.

Council deemedto be a Scheduledinstitution.

Expenses in suitor prosecutionto be paid out ofthe Fund.

Regulations.


(3) (a) Every regulation made by the Minister shall, withinthree months after its publication in the Gazette, be broughtbefore Parliament for approval.

(b) Any such regulation which is not so approved shallbe deemed to be rescinded as from the date of its disapproval,but without prejudice to anything previously donethereunder.

(4) Notification of the date on which any regulation madeby the Minister is so deemed to be rescinded shall bepublished in the Gazette.

39. (1) Subject to the provisions of this Act, the Councilmay make rules in respect of all matters for which rules areauthorized or required to be made under this Act.

(2) In particular and without prejudice to the generalityof the powers conferred by subsection (1), the Council maymake rules in respect of all or any of the following matters:–

(a) registration fee of the engineering practitioners;

(b) the procedure at meetings of the Council;

(c) the appointment, suspension, removal, duties andremuneration of officers and employees of theCouncil;

(d) for keeping of accounts of the receipts and expenses,in carrying out the provisions of this Act;

(e) providing for roles, responsibilities and competenceof different categories of the engineeringpractitioners registered under this Act taking intoconsideration their academic qualifications andpractical experience;

(f) for suspension and removal of names from theregisters of the engineering practitioners; and

Rules.


21

(g) the manner in which the registers to be maintained.

(3) Every rule made by the Council shall be published inthe Gazette.

40. (1) Every person who contravenes any of theprovisions of this Act or any other regulation madethereunder, commits an offence and shall on convictionafter summary trial before a Magistrate be liable toimprisonment of either description for a period not exceedingone year or to a fine not exceeding one hundred thousandrupees or to both such fine and imprisonment.

(2) Where an offence under this Act is committed by abody of persons, then, if that body of persons is –

(a) a body corporate, every director or other officer ofthat body corporate;

(b) a firm, every partner of that firm; and

(c) an unincorporated body other than a firm, everyindividual who is a member of such body and everyofficer of that body responsible for its managementand control,

shall be guilty of an offence:

Provided however, that no such person shall be deemedto be guilty an offence if he proves that the offence wascommitted without his knowledge or that he exercised alldue diligence to prevent the commission of the offence.

41. In this Act unless the context otherwise requires –

“Engineering Practitioner” means –

(a) a Chartered Engineer;

(b) an Associate Engineer;

Offences andpenalties.

Interpretation.


(c) an Affiliate Engineer;

(d) an Incorporated Engineer;

(e) an Engineering Diplomate; or

(f) an Engineering Technician,

who possesses corresponding qualificationsspecified in Schedule A hereto;

“Minister” means the Minister to whom theimplementation of the provisions of this Actis assigned; and

“prescribed” means prescribed by regulations made under this Act.

42. In the event of any inconsistency between theSinhala and Tamil texts of this Act, the Sinhala text shallprevail.

(Section 15 )SCHEDULE A

Qualifications of the Engineering Practitioners

Sinhala text toprevail in caseof inconsistency.

Chartered Engineer of the Institution ofEngineers, Sri Lanka established by theInstitution of Engineers, Sri Lanka Act,No.17 of 1968.

Four year Full-time degree inEngineering recognized by theInstitution of Engineers, Sri Lankaestablished by the Institution ofEngineers, Sri Lanka Act, No.17 of 1968or an Associate Member of theInstitution of Engineers, Sri Lanka

Engineering Practitioner Qualifications

Chartered Engineer

Associate Engineer


23

Engineering Technician

Engineering Diplomate

Incorporated Engineer

established by the Institution ofEngineers, Sri Lanka Act, No.17 of1968.

Three year full time degree inEngineering recognized by theInstitution of Engineers, Sri Lankaestablished by the Institution ofEngineers, Sri Lanka Act, No.17 of1968.

Incorporated Engineer of the Institutionof Incorporated Engineers, Sri Lankaestablished by the Institution ofIncorporated Engineers of Sri Lanka(Incorporation) Act, No. 64 of 1992.

Diploma in Engineering from arecognized University or Technical orTechnological Institute recognized bythe Institution of Incorporated Engineersof Sri Lanka (Incorporation) Act, No.64 of 1992.

(i) National Vocational QualificationLevel IV of EngineeringTechnology or equivalentqualification recognized by theTertiary and Vocational EducationCommission established bythe Tertiary and VocationalEducation Act, No. 20 of 1990.

(ii) one year full-time academic coursein Engineering Technology andhas gained one year industrialexperience in the relevant field ora holder of a Diploma or Certificatein Technology by a University ora Technical or TechnologicalInstitute of the Government ofSri Lanka.

Affiliate Engineer


SCHEDULE B

Registers of the engineering practitioners

PART I

Register of the Chartered Engineers, Associate Engineers andAffiliate Engineers

Registration Name Address Date of Qualification RegistrationNo. Registration fee

PART II

Register of the Incorporated Engineers, and EngineeringDiplomates


PART III

Register of the Engineering Technicians


(Section 25)


25

Annual subscription of English Bills and Acts of the Parliament Rs. 885 (Local), Rs. 1,180(Foreign), Payable to the SUPERINTENDENT, GOVERNMENT PUBLICATIONS BUREAU, DEPARTMENT OF

GOVERNMENT INFORMATION, NO. 163, KIRULAPONA MAWATHA, POLHENGODA, COLOMBO 05 before 15thDecember each year in respect of the year following.

engineering council, sri lanka act, no. 4 of 2017 · engineering council, sri lanka 1 act, no. 4 of...

Documents